Case law

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

Texas Court of Appeals, 3rd District (Austin) · Dec 4, 2014

The rates of transmission and distribution utilities, on the other hand, are clearly still regulated, evidenced by the necessity of this ratemaking proceeding. … See Black’s Law Dictionary 597 (9th ed. 2009) (“eligible” defined as “legally qualified for an office, privilege, or status”).

Allen Dennis Rambo v. Marsha N. Rambo

Texas Court of Appeals, 3rd District (Austin) · Jan 10, 2002

If there is no evidence to support the findings, then we examine the entire record to determine if the contrary proposition is established as a matter of law. Id. … If an acknowledgment of the existence of an old debt is qualified by a conditional promise to pay, a promise different from the one so expressed will not be implied and the creditor must fulfill the named condition as a

Andrew Garraway v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2015

Egregious harm refers to errors “that affect the very basis of the case, deprive the defendant of a valuable right, vitally affect the defensive theory, or make a case for conviction clearly and significantly more persuasive … V (establishing right to be charged by indictment); T EX . C ONST. art. I, § 10 (establishing right to notice of charges).

Allen Dennis Rambo v. Marsha N. Rambo

Texas Court of Appeals, 3rd District (Austin) · Jan 10, 2002

If there is no evidence to support the findings, then we examine the entire record to determine if the contrary proposition is established as a matter of law. Id. … whether there is some evidence to support the findings; if so, then after examining the entire record, we will reverse only if the findings are so contrary to the overwhelming weight and preponderance of the evidence as to be clearly

City of Carrollton v. Texas Commission on Environmental Quality, Robert D. Balfanz, Truman Clem, Bettye Clem, C.T. Clem, Town of Hebron, Joe Everett, Julie Everett, John O. Grady, Ron Mabra, Willie Mabra, Charles Morris, Randall Morris and Sheri Morris

Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2005

The certificate obligates its holder to provide continuous and adequate service to every customer and every qualified applicant within its area. … We are persuaded that the legislature clearly and unmistakably intended to apply the cancellation provisions of Chapter 13 to home rule municipalities.

Andrew Garraway v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 16, 2015

Egregious harm refers to errors “that affect the very basis of the case, deprive the defendant of a valuable right, vitally affect the defensive theory, or make a case for conviction clearly and significantly more persuasive … V (establishing right to be charged by indictment); T EX . C ONST. art. I, § 10 (establishing right to notice of charges).

City of Carrollton v. Texas Commission on Environmental Quality, Robert D. Balfanz, Truman Clem, Bettye Clem, C.T. Clem, Town of Hebron, Joe Everett, Julie Everett, John O. Grady, Ron Mabra, Willie Mabra, Charles Morris, Randall Morris and Sheri Morris

Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2005

The certificate obligates its holder to provide continuous and adequate service to every customer and every qualified applicant within its area. Id . § 13.250. … We are persuaded that the legislature clearly and unmistakably intended to apply the cancellation provisions of Chapter 13 to home rule municipalities.

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2011

If any of these defenses qualifies as a "meritorious defense," the second prong of Craddock is satisfied. … Their testimony related the details of the transaction in which the deed was executed and clearly compelled the conclusion that the deed was intended as a mortgage; and yet, the defendant did not controvert the facts to which

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2011

If any of these defenses qualifies as a “meritorious defense,” the second prong of Craddock is satisfied. … Their testimony related the details of the transaction in which the deed was executed and clearly compelled the conclusion that the deed was intended as a mortgage; and yet, the defendant did not controvert

High Valley Homes, Inc. v. Douglas Fudge and Carolyn Fudge

Texas Court of Appeals, 3rd District (Austin) · Apr 17, 2003

High Valley=s motion clearly sought to invoke paragraph 24. … First, the term Amediation@ is qualified by the terms Amandatory@ and Abinding.@ These terms have specific, unambiguous meanings.

City of Temple, Texas v. Steven Taylor

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2008

Because Taylor's appeal resulted in a reduced suspension and reinstatement to the position from which he was suspended, he qualified for a back-pay award under section 143.053(f). (3) The Civil Service Act does not specifically … A trial court's grant or denial of attorney's fees in a declaratory-judgment action need not be reversed on appeal "unless the complaining party clearly shows the trial court abused its discretion." State Farm Lloyds v.

Joshua Caleb Lowry v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2008

Because Taylor’s appeal resulted in a reduced suspension and reinstatement to the position from which he was suspended, he qualified for a back- pay award under section 143.053(f).3 The Civil Service Act … A trial court’s grant or denial of attorney’s fees in a declaratory-judgment action need not be reversed on appeal “unless the complaining party clearly shows the trial court abused its discretion.”

Democracy Coalition, Stefan Wray, Risako Kurono, Matthew Korn, Kristan Barber, Chandra Ward, Kristin Richardson, Lucinda Beringer, Sonia Santana, Douglas Foxvog, Ann Stark, and Susana Almanza v. the City of Austin

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … What's required is notice to the municipality of, 'You knew or should have know that this is . . . clearly in violation of someone's rights.'" The City relied on Pineda v.

International Metal Sales, Inc. v. Global Steel Corporation and Global Steel Corp.

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2010

Assuming without deciding that Global Steel-PA’s initial fax did not constitute an offer, IMS’s purchase orders clearly were offers. … for interpreting their expressions and other conduct”—“may give particular meaning to specific terms of the agreement and may supplement or qualify the terms of the agreement.”

International Metal Sales, Inc. v. Global Steel Corporation and Global Steel Corp.

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2010

Assuming without deciding that Global Steel-PA's initial fax did not constitute an offer, IMS's purchase orders clearly were offers. … for interpreting their expressions and other conduct"--"may give particular meaning to specific terms of the agreement and may supplement or qualify the terms of the agreement."

Texas Department of Transportation v. Eddie William Needham

76 S.W.3d 15 · Texas Court of Appeals, 3rd District (Austin) · Mar 29, 2001

Hinds, 904 S.W.2d 629 (Tex.1995), defined the proper causation standard for establishing liability in whistleblower cases. … Failure to Adhere to Established Company Policies and Discriminatory Treatment in Comparison to Similarly Situated Employees The evidence adduced at trial also shows a failure on TxDOT’s part to adhere to established policies

Bart Debrock v. Marlies Debrock

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2022

the overwhelming weight of the evidence, that the award should be set aside because it is clearly wrong and manifestly unjust, see Crosstex, 505 S.W.3d at 615. … Gonsoulin qualified his goodwill valuation by noting “there’s considerable subjectivity in an analysis like this” and that he had to make judgment calls on many of the factors based on his experience and knowledge of the

Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez

Texas Court of Appeals, 3rd District (Austin) · Jan 7, 2015

Clearly, Dr. … To qualify as an 74.351(r)(5)(C).

Bruce Craig Tyler Craig And Tejas Vending, LP v. Tejas Promotions, LLC

Texas Court of Appeals, 3rd District (Austin) · Dec 21, 2016

These affidavits describe Appellants’ wrongful conduct in detail and Schappel’s affidavit clearly states that at least five of Tejas Promotions’ customers terminated with Tejas Promotions after they were contacted by Tejas … On appeal, the appellants raised the defensive issues of truth and qualified privilege. Id. at 663. However, as here, appellants had failed to assert any defenses. Id.

Ronnie Hue Montgomery v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 14, 2015

Likewise, no evidence exists to establish whether Appellant’s waiver was made “knowingly, intelligently, and voluntarily” as required under Faretta.4 Regarding the facts related to the charge against Appellant, … While it is not mandatory that the warnings be given in writing—it is mandatory that the record clearly shows that the defendant understands the consequences of his waiver.12 The purpose of the "knowing and voluntary"